Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
4 Cards in this Set
- Front
- Back
|
What decisions are immediately appealable?
Final orders or judgments, Rule 54b (multiple claims and parties), and 3 rules from Cohen: Collateral Order Doctrine: a small class of collateral rulings that, although they do not end the litigation, are appropriately deemed final under the collateral order doctrine. This small category includes 1) only decisions that are conclusive, 2) that resolve important questions separate from the merits, and 3) that are effectively unreviewable on appeal from the final judgment in the underlying action. CRU |
28 U.S.C.A. § 1291
§ 1291. Final decisions of district courts The courts of appeals (other than the United States Court of Appeals for the Federal Circuit) shall have jurisdiction of appeals from all final decisions of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, except where a direct review may be had in the Supreme Court. The jurisdiction of the United States Court of Appeals for the Federal Circuit shall be limited to the jurisdiction described in sections 1292(c) and (d) and 1295 of this title. |
|
|
When can interlocutory decisions be appealed?
§ 1292(a) Injunctions § 1292(b) When a district judge shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation. If the trial judge submits the order within 10 days of the entry date of the order. |
28 U.S.C.A. § 1292
§ 1292. Interlocutory decisions (a) Except as provided in subsections (c) and (d) of this section, the courts of appeals shall have jurisdiction of appeals from: (1) Interlocutory orders of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, or of the judges thereof, granting, continuing, modifying, refusing or dissolving injunctions, or refusing to dissolve or modify injunctions, except where a direct review may be had in the Supreme Court; (2) Interlocutory orders appointing receivers, or refusing orders to wind up receiverships or to take steps to accomplish the purposes thereof, such as directing sales or other disposals of property; (3) Interlocutory decrees of such district courts or the judges thereof determining the rights and liabilities of the parties to admiralty cases in which appeals from final decrees are allowed. (b) When a district judge, in making in a civil action an order not otherwise appealable under this section, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, he shall so state in writing in such order. The Court of Appeals which would have jurisdiction of an appeal of such action may thereupon, in its discretion, permit an appeal to be taken from such order, if application is made to it within ten days after the entry of the order: Provided, however, That application for an appeal hereunder shall not stay proceedings in the district court unless the district judge or the Court of Appeals or a judge thereof shall so order. |
|
|
Types of appealable judgments
MOHAWK INDUSTRIES, INC., v. CARPENTER: Disclosure orders adverse to the attorney-client privilege do not qualify for immediate appeal under the collateral order doctrine. |
RJMOL granted/MNT granted
RJMOL granted/MNT denied **Not appealable RJMOL denied/MNT granted** RJMOL denied/MNT denied |
|
|
Was is a writ of mandamus?
|
Names the judge as a defendant. Mandamus may be a command to do an administrative action or not to take a particular action.
Generally, the decisions of a lower-court made in the course of a continuing case will not be reviewed by higher courts until there is a final judgment in the case. On the federal level, for example, 28 U.S.C.A. § 1291 provides that appellate review of lower-court decisions should be postponed until after a final judgment has been made in the lower court. A writ of mandamus offers one exception to this rule. If a party to a case is dissatisfied with some decision of the trial court, the party may appeal the decision to a higher court with a petition for a writ of mandamus before the trial proceeds. The order will be issued only in exceptional circumstances. Examples of cases where a writ of mandamus was used: a trial judge refused to dismiss a case even though it lacked jurisdiction; refused to reassign a case despite a conflict of interest; stopped a trial for Arbitration or an administrative remedy; denied a party the opportunity to intervene, to file a cross-claim, or to amend a Pleading; denied a Class Action; denied or allowed the consolidation or severance of two trials; refused to permit depositions; or entered an order limiting or denying discovery of evidence. |
